§ 20-10. Public utilities.

(a)

Bond required. Each public utility in Webster Parish shall annually post during the month of January of each calendar year, with the parish police jury, a bond or other security, satisfactory to the police jury, in the sum of five thousand dollars ($5,000.00) to guarantee proper repair and restoration of any and all damage sustained by the parish road system arising out of the installation, erection or maintenance of its utility lines on any public right-of-way forming a part of the parish road system shall be performed by a public utility unless and until the required bond has been furnished.

(b)

Conditions of bond. The bond required of public utilities in paragraph (a) shall be on a form furnished by the parish police jury and shall contain the following conditions.

(1)

Traffic on the road shall not be unduly interfered with during the period of construction;

(2)

Upon completion of such construction, the road or highway shall be promptly restored to its former condition of usefulness at the expense of the public utility, the restoration to be subject to the supervision and approval of the public works department (director, foreman, and/or engineer) of the parish police jury;

(3)

In the laying of utility lines, all requirements of the department of highways of the State of Louisiana for the laying of similar lines across state highways including requirements as to depth, height, character and quality of conduit and manner of construction, shall apply; provided, however, that a utility line running parallel to a road or highway shall be laid in or on the outer edge of the ditch line of the road or highway farthest removed from the edge of the road surface; and provided further, that all underground utility lines shall be laid to a minimum depth of thirty (30) inches below the bottom of the original/existing ditch surface;

(4)

The public utility shall compensate the parish for all damages resulting to any parish road in the laying, maintaining, erecting or installation of any utility line not corrected or restored by the public utility;

(5)

Public utility shall protect and hold harmless the parish police jury, its agents and employees against any claims, damages or loss for personal injury or property damage sustained by third parties by reason of such construction.

(c)

Repairs done by parish. In the event a public utility neglects, refuses or otherwise fails to properly repair and restore any damage sustained by the parish road system arising out of the installation, erection or maintenance of its utility lines on any public right-of-way forming a part of the parish road system within thirty (30) days from the date written notice of such damage is mailed to the public utility by the parish police jury, the public utility shall become liable for criminal penalties as provided hereunder, and the parish police jury may make the repairs and restoration and the cost therefor shall be recovered under the bond or other security or from the public utility or both. The obligation on said bond shall be in solido.

(d)

Damaging roads. Public utilities shall not cut, break, dig through or into, or otherwise sever or damage the paved surface of any parish road without obtaining a written permit to do so from the road superintendent of the parish police jury. In the event emergency repairs are necessary to maintain service in or through the utility line, the public utility making the emergency repairs shall comply with the provisions of this paragraph within ten (10) days from the date the emergency repairs are completed.

(Ord. No. 701, § 1, 2-5-74; Ord. No. 701(Amend.), § 2, 3-6-2001)

Cross reference

Utilization requirements for roads and bridges, § 15-18 et seq.